Landlords Need to Avoid These 4 Common Eviction Mistakes

Landlords Need to Avoid These 4 Common Eviction Mistakes

When you own a property with the intention of leasing it to others, you naturally want to get the most income for the least amount of hassle. When tenants fail to live up to the terms of their lease, you have every right to evict them — however, you must do it legally or there could be unpleasant consequences.

Here are four common eviction mistakes landlords make and how you can avoid them:

1. DIY Eviction

While you do own the property and have rights to govern its use, your tenants also have rights. You cannot evict them just by changing the locks, turning off utilities or using other harassing techniques to get them to go. A landlord must secure an eviction order from the court to force removal. Otherwise, it is an unlawful eviction for which the tenant could reciprocate with a lawsuit for re-entry and damages.

2. Inadequate Notice

In order to seek eviction, the landlord must give the tenant a three-day notice of eviction, also known as a 3-day notice to pay rent or relinquish the property to the landlord.  There are three options for serving the three-notice:

1. Delivery in-person to the tenant by the landlord or landlord’s agent.
2. Mail the notice via regular, registered or certified mail. It is recommended that a landlord use registered or certified mail and request a return receipt to prove delivery.
3. Leave the notice in a conspicuous place at the rental property (i.e., taped to the front door).

The tenant then has three days from the date of notice to provide a remedy by either paying the rent or moving out. If the tenant chooses to challenge the eviction and fails to move out or pay the rent, then a landlord may file suit to evict the tenant.

3. Lack of Evidence

A landlord carries the burden of proving that a tenant has violated the terms of the lease. Proper evidence would include a copy of the signed lease agreement, proof of the lease breach, and proof of your proper service of the eviction notice. If you are also suing for damages, you will need proof of the damage caused by the tenant.

4. Not Hiring a Lawyer

Hiring an attorney to handle the tenant eviction ensures that you will have acted legally as a landlord and are following federal and Florida landlord/tenant laws. Trying to do it yourself could result in having a tenant occupy your property for many months as you try to straighten things out in court — and it could not go your way without the proper legal counsel.

Florida landlords can avoid unnecessary risk by setting and maintaining rules for the occupation of your property. For assistance with developing strong lease agreements and other tenant issues, contact one of the experienced Florida real estate attorneys at Jurado & Farshchian, P.L., at (305) 921-0440, or email us at info@jflawfirm.com.

 

 

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